The TTABlog

FEBRUARY 16, 2023

The Board sustained Section 2(d) oppositions to the word-and-design marks shown immediately below, for Asian-themed cuisine and for restaurant services featuring same, finding confusion likely with opposer's common law mark RAMEN HOOD & Design (shown to the right) for Asian-themed restaurant services. menus and other printed items.

Designs 52

Designs Design Registration Copying 52

The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

Designs 52

Designs Design Design Patent Advertising 52

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below). See TTABlog comment below. -

Design Patent 89

Design Patent Advertising Advertising Designs 89

IP and Legal Filings

JANUARY 29, 2024

This is stated in Section 9 of the Act, which forbids the registration of GIs that are determined to be generic names or indications of goods. Additional analysis has revealed that the registration status varies greatly. Furthermore, if unauthorized registrations are not stopped, it can make it harder for authorized users to register.

Registration 92

Registration Blogging Designs Design 92

SpicyIP

JULY 14, 2021

Smell marks are or have been heavily debated around the world and are privy to their own set of issues in terms of registration. Internationally, the statutory requirements for the registration of non-conventional trademarks varies across jurisdictions. Issues and Barriers to the Registrability of Smell-marks.

Trademark 126

Trademark Registration Marketing Marketing 126

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

Trademark 59

Trademark Registration Copyright Patent 59

The IPKat

APRIL 19, 2023

If a new user re-registers a name whose registration is expired, a new token is created. However, and beyond the fact that the registration is expired, any name maintains in the blockchain its own history. McCoy’s registration on the Namecoin blockchain expired In January 2015. are applicable to it. are applicable to it.

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Contracts Art 120

Kashishipr

JULY 20, 2022

” In one of the articles published by Fortune Magazine in 1999, journalist Paul Lukas wrote that it is a familiar story when a small fledging company comes up with a brilliant new product – so good that a more powerful and bigger company copies its unique idea. and the so-called rival RealMe. Tencent Holdings Ltd.,

Branding 52

Branding Brands Branding Marketing 52

IP Intelligence

JANUARY 4, 2022

Instead, the services must be actually rendered in connection with the mark for a registration to be granted. The USPTO examiner refused registration of the mark as not having been used in commerce for the services. 2015), where an applicant sought to register a mark based on actual use, applied in Suuberg. Playdom, Inc.,

Service Mark 52

Service Mark Registration Trademark Advertising 52

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. 26, 2023, 11:00 AM), [link]. ANU Press 2018). [23]

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

LexBlog IP

JANUARY 4, 2022

Instead, the services must be actually rendered in connection with the mark for a registration to be granted. The USPTO examiner refused registration of the mark as not having been used in commerce for the services. 2015), where an applicant sought to register a mark based on actual use, applied in Suuberg. ” Id.

Service Mark 52

Service Mark Registration Trademark Advertising 52

IIPRD

JANUARY 23, 2023

Firstly, Direct infringement wherein a patented product can be literally copied element to element (Literal direct infringement) and equivalently copied with little to minimal changes not essentially affecting the effect of the product (Equivalent direct infringement). Amazon, 2015 U.S. Amazon.com, 2015 U.S. LEXIS 2163.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

Garrigues Blog

JANUARY 12, 2022

In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement. The right of prior use is set forth in article 63 of the current Patents Law of 2015, the wording of which is practically identical to that of article 54 of the earlier Patents Law of 1986.

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

The IPKat

DECEMBER 16, 2021

CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. The Court of Appeal rightly held that registration of copyright is not a requirement in Nigeria, and the High Court erred by relying solely on the fact of registration of the plaintiff’s “registered” proposal.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

The IPKat

DECEMBER 17, 2021

The Plaintiffs also contended that the logos used by the Defendants infringed on their marks and get up since their registered trademark incorporated the words ‘ACAL’ and an image with the map of Africa which the Defendants had copied. Nonetheless, the Court noted that they cannot use the likeness of the Plaintiff’s trade marks in its logos.

Trademark 96

Trademark IP Registering Trademarks Branding 96

43(B)log

FEBRUARY 19, 2022

President Ford couldn’t prevent others from copying bare historical facts. Fact also delineates specific categories—1960 report of meaning of “writings” that is a precursor to 102(b) lists ideas, dress designs, reports of current events, names/titles. By 2015, almost all rejections are visual arts. Photos about 5-7% rejections.

Copyright 59

Copyright Moral Rights Artwork Art 59

The IPKat

MARCH 25, 2024

If you knew how to complete this phrase in 2015, you are part of the few percent of consumers who heard of the city of Compton and knew about its connection with hip-hop and rap music. Background On 8 September 2015, BIW Invest AG (‘BIW’) applied for registration of EU trade mark no.

Music 107

Music Cinema Designs Design 107

SpicyIP

JANUARY 23, 2023

Delhi High Court sets aside the cryptic order passed by the Respondent, directs to consider the matter afresh Case: Alfred Von Schukmann vs The Controller General Of Patent, Designs and Trademarks and Ors. The Defendant argued that the suit design was published prior to the date of registration under a different trade name.

Designs 105

Designs Design Invention Registration 105

43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” Downloads declined after a 2015 peak.

Marketing 59

Marketing Marketing Trademark Branding 59

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. ” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. ” [8]. .”

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

IIPRD

FEBRUARY 8, 2024

Surveillance and analysis of IP-related activities on the internet, such as domain name registration, web crawling, social media monitoring, and online marketplace scanning which can help detect potential IP infringement cases, such as cybersquatting, phishing, counterfeiting, piracy, and plagiarism. Gourav Bajaj & Anr., Kurakar, L.T.

Intellectual Property 52

Intellectual Property IP Government Technology 52

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. 1] The best part about a copyright is that its registration is typically inexpensive and straightforward. The reviewal process for the U.S.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. courts have denied registration to religious marks as being offensive to other believers or to non-believers. ” But neither the PTO nor U.S.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

The IP Law Blog

MARCH 2, 2021

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. Published in Landslide , Vol. 3, January/February 2021, by the American Bar Association.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

TorrentFreak

DECEMBER 22, 2022

Since 2015, TIR has made its specialist content available via the website mistressharley.com (NSFW) and through authorized third parties under licensing agreements. In parallel, websites that sell pirated copies of TIR’s copyrighted videos compete in the same market by targeting TIR’s customers.

Privacy 119

Privacy Copyright Infringement Trademark Copyright 119

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fourth, if not, can Trump circumvent the registration requirement by seeking a declaratory judgment, or will he have to comply with the registration requirement? There was also a provision allowing registration of an unpublished work, which would replace the common-law copyright with a federal statutory copyright.)

Copyright 121

Copyright Blogging Publishing Fair Use 121

LexBlog IP

APRIL 20, 2022

After the USPTO denied Elster, consistent with express regulations, registration of the mark because Donald Trump had not consented to the registration, the appellate court vacated that result and ordered that the registration issue.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52